Citizens United v. FEC

2,000 Public Officials Have Already Expressed Support for Constitutional Amendment

WASHINGTON – This week People For the American Way and ally organizations applauded the re-launch of the “Declaration For Democracy” campaign. Public officials signing the declaration are proclaiming their support for amending the constitution to limit the influence of money in our democracy and to restore the rights of the American people in the wake of the Supreme Court’s 2010 decision in Citizens United v. FEC. Representatives Donna Edwards (D-MD), Ted Deutch (D-FL), Keith Ellison (D-MN), James P. McGovern (D-MA), and John Yarmuth (D-KY) circulated a “Dear Colleague” letter today urging their colleagues to sign the declaration.

By the end of the 112th Congress, 2,000 public officials had expressed their support for a constitutional amendment, including President Obama, 102 Members of the House, and 29 Senators (list visible at http://united4thepeople.org).

The Declaration For Democracy reads: “I, ____________, declare my support for amending the Constitution of the United States to restore the rights of the American people, undermined by Citizens United and related cases, to protect the integrity of our elections and limit the corrosive influence of money in our democratic process.” The declaration can be found here: http://united4thepeople.org/index.html

“The Supreme Court’s decisions in Citizens United and related cases put our political system on the auction block to be sold to the highest bidder,” said Marge Baker, Executive Vice President of People For the American Way. “Americans don’t want an auction, they want a working democracy. We are thrilled that these Representatives are inviting their colleagues to join the growing chorus of voices calling for change. We look forward to getting even more public officials on board this year.”

“Companies ought to be competing in the marketplace with the best products and services, not in our elections for unfair influence of the decisions that will impact our economy by those with the deepest pockets,” said David Levine, CEO of the American Sustainable Business Council. “This money is better spent by investing in growing our businesses, creating jobs and building a stronger economy.”

“Voters across the country have demonstrated overwhelming support for a constitutional amendment that clarifies that unlimited campaign spending has never been free speech,” said Common Cause President Bob Edgar. “Congress must respond to that.”

“Our electoral process should be about the rights of individuals to participate in our nation's politics,” said Larry Cohen, President of Communications Workers of America. “That's what democracy looks like. The Communications Workers of America commends elected officials at every level of government who are fighting to restore fairness to our political process. The role of money in politics must be completely overhauled. Today it dwarfs everything else and is distorting our democracy. Working with other progressive organizations, CWA is committed to stopping the flow of secret cash to political campaigns and making it clear to all dollars are not speech. This effort will require constitutional changes and other measures to overturn the U.S. Supreme Court’s Citizens United decision, which opened the floodgates for secret spending and today enables billionaires to buy our nation’s elections. We also will work for the public financing of elections, because without these very real changes, the one percent will continue to control our politics.”

“The first post-Citizens United presidential election confirmed our fears that the new campaign finance system allows well-heeled special interests and secret spenders to drown out the voices of ordinary citizens,” said Blair Bowie, Democracy Advocate at U.S. Public Interest Research Group. “There is, however, a silver lining: unprecedented public support for real reforms to ensure that in our democracy every citizen is a political equal, regardless of the size of her wallet. We applaud members of Congress who commit to achieving this end.”

“We can’t both maintain Citizens United as the law of the land and maintain a functioning democracy,” said Robert Weissman, President of Public Citizen. “A mounting public movement is demanding a constitutional amendment to overturn Citizens United and restore our democracy. The legislators leading the way to winning a constitutional amendment are carrying out the grandest American traditions to defend and expand our democracy.”

“Americans who are wondering why it's tougher to get ahead in today's economy should look to big money politics for answers,” said Adam Lioz, Democracy Counsel for Demos. “When just a few billionaires and special interests can counter the voices of millions of ordinary citizens in the public square, these big donors get to set the agenda in Washington and across the country. Now is the time to build a democracy in which the strength of a citizen's voice does not depend upon the size of her wallet—and amending the constitution is a critical step.”

“Our nation today faces the central question of whether We the People or We the Corporations shall govern in America,” said John Bonifaz, the co-founder and executive director of Free Speech For People, a national campaign launched on the day of the Supreme Court’s Citizens United ruling to press for a constitutional amendment to reclaim our democracy. “To defend the promise of American self-government, we must enact a constitutional amendment that overturns our system of unlimited campaign spending and the fiction of corporate constitutional rights and that restores republican democracy to the people.”

“Now is not the time to be timid; rather, we need to seize this moment and overturn Citizens United with a Constitutional amendment that also overturns all Constitutional rights granted to corporations by court-created doctrines. The Constitution is for ‘we, the people,’” said David e. Delk, Co-chair of the Alliance for Democracy.

“After the most expensive election in U.S. history and the history of the world and with more money secretly funneled through tax exempt groups to try to influence who wins office, more and more Americans are demanding that the Constitution be amended to restore the rightful role of ordinary people in our democracy,” said Lisa Graves, Executive Director of the Center for Media and Democracy and the publisher of PRWatch and ALECexposed, adding, “we applaud these Representatives and urge others to publicly declare whose side they are on: the side of voters or big money.”

“The greatest political reform of our time will be to abolish the legal concept of ‘corporate personhood’ and the inherently anti-democratic equation of money with political speech,” said Bill Moyer, Executive Director of the Backbone Campaign.

25K call on President Obama to use State of the Union to endorse amendment movement

Today, a petition on the White House website urging President Obama to “use the State of the Union to call for a constitutional amendment to get big money out of politics” exceeded the 25,000 signatures necessary to guarantee an official White House response. The petition, launched by the groups Free Speech For People, Avaaz, People For the American Way, and Demos on January 8 took less than two weeks to cross the threshold.

Fixing our campaign finance system has long been a cause President Obama supports, though he failed to make progress on it during his first term. During his re-election campaign, President Obama told supporters that: "Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United . . . . Even if the amendment process falls short, it can shine a spotlight of the super-PAC phenomenon and help apply pressure for change."

The petition calls on the President to reiterate and strengthen this call in the State of the Union, and comes just days after President Obama delivered an inaugural address that many believe reflected a renewed willingness on his part to fight for core goals he has long supported even in the face of challenges.

"Americans everywhere are asking President Obama to take the lead on the one issue that unlocks all the others: getting big money out of our political system, to restore our government of, by, and for the people," said Peter Schurman, Campaign Director at Free Speech For People. "'We the people' means all the people, not just the wealthy few, and not the corporations."

Ian Bassin, Campaign Director at Avaaz, said: "We the people have spoken and the message is clear: We're sick of oil industry money setting our energy agenda, the Wall Street dollar determining our economic policy, and gun company cash dictating how we protect our kids. We need elections not auctions and we're counting on President Obama to lead us there, starting with his State of the Union."

The petition may also be the last White House petition to garner a response after receiving 25,000 signatures. It also may be the most serious of the latest round. Last week, after responding to petitions to deport Piers Morgan and to build a Death Star, the White House upped the threshold for guaranteeing a response to 100,000. But petitions like this campaign finance one that were launched before the change were grandfathered at the 25,000 threshold.

“This petition provides more evidence for what we already know – that Americans want a solution to the corrupting influence of big money in our democracy,” said Marge Baker, Executive Vice President of People For the American Way. “We saw massive amounts of money pour into last year’s elections, much of which was undisclosed. Using the megaphone provided to them by the Supreme Court’s Citizens United decision, corporate special interests are drowning out the voices of ordinary voters. President Obama calling for a constitutional remedy in the upcoming State of the Union Address would draw attention to this critical situation and mobilize even more Americans into action.”

"This is the moment President Obama should take a strong and decisive step toward ending big money's stranglehold on our politics and our economy, and cement his legacy by leading the effort to finally forge a democracy in which the strength of a citizen's voice does not depend upon the size of her wallet," said Demos Counsel Adam Lioz.

After the coalition involved in launching this petition posted it to the White House website, its growth came from citizens expressing their frustration with the flood of money infecting our political system. Much of this public frustration stems from the U.S. Supreme Court’s 2010 decision in Citizens United v. FEC that corporations have a constitutional right to spend unlimited sums to influence elections. In the wake of that decision, more than $6 billion was spent in the 2012 elections, much of it by corporations and anonymous billionaires. Congress responded by proposing amendments to reverse that decision and eleven states and nearly 500 cities and towns have joined this call.

This petition tees up for President Obama the key question of what he’ll do next to deliver on a core, unfulfilled promise of his first campaign: to change the way Washington works. The groups behind the petition will continue to campaign until he does.

Washington, DC – Today People For the American Way Foundation unveiled new state-by-state fact sheets detailing outside spending in U.S. Senate and House races in 21 states. Each report analyzes the outside spending totals from Super PACs, dark money groups, and out-of-state spenders in the down ballot federal races from the 2012 election cycle. The fact sheets reveal that, on average, a majority of outside election money in these states came from Super PACs. And in every case, a vast majority came from organizations registered outside of the state.

The release of the “Outside Spending, Outsized Influence” reports coincide with the weekend marking Martin Luther King, Jr. Day and the third anniversary of Citizens United v. FEC to draw attention to the dual threats of voter suppression and unlimited corporate and special interest money in politics. The reports – a partnership between PFAWF and U.S. PIRG – are part of the Money Out/Voters In campaign. As part of that campaign, People For the American Way Foundation, its affiliate People For the American Way, and other organizers across the country are hosting “Day of Action” events in more than 76 cities in 33 states this weekend. Members of People For the American Way Foundation’s African American Ministers Leadership Council will be leading Money Out/Voters In events in Georgia, Louisiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, South Carolina, and Virginia.

“Last year’s elections were far and away the most expensive in history,” said People For the American Way Foundation Executive Vice President Marge Baker. “A major reason was the influx of outside, special interest spending in the wake of the Supreme Court’s Citizens United v. FEC decision. When big money floods our elections, it dwarfs the ability of individual Americans to have their voices heard. Just as important, when politicians push laws to suppress the vote, we turn back the clock on decades on progress to expand and improve our democracy. We need to pursue the full range of remedies to address the problem of too much money in politics, including amending the Constitution to overturn Citizens United, and we need to stand up against the growing threat of voter suppression. This weekend we are joining with allies across the country to call for a democracy that gets Money Out and Voters In.”

The states featured in the reports are California, Colorado, Connecticut, Georgia, Iowa, Illinois, Indiana, Massachusetts, Maine, Maryland, Michigan, North Carolina, New Jersey, Nevada, New York, Ohio, Oregon, Pennsylvania, Texas, Utah, and Wisconsin.

Washington, DC – This week People For the American Way joined with ally organizations to mark Martin Luther King, Jr. Day and the third anniversary of Citizens United v. FEC with events drawing attention to the dual threats of voter suppression and unlimited corporate and special interest money in politics. Under the banner of Money Out/Voters In, organizers are hosting “Day of Action” events in more than 76 cities in 33 states on and around the weekend of January 19.

Additionally, two reports highlighting new data on spending in the 2012 election season were released today. A report by Demos and the U.S. PIRG Education Fund provides a wide-ranging analysis of the role of money in the 2012 elections, and a report by the U.S. PIRG Education Fund and the Center for Media and Democracy examines the role dark money nonprofits and shell corporations played in 2012.

“Voter suppression and unlimited corporate and special interest money in politics serve as barriers to full civic participation, transparency, and accountability,” said Marge Baker, Executive Vice President at People For the American Way. “Both stand in the way of democracy. We are excited to come together with our allies on this important weekend to signal our intentions to confront the multi-faceted assault on the voices of everyday Americans in our political system.”

“Big Money over Voters, or Voters over Big Money. The Kochs and Roves have made their choice, and they're in it for the long-term. Now We, the People are rising up to announce our choice: Money Out, Voters In,” said Robert Weissman, President of Public Citizen. “With the actions on January 19, a growing movement calling for a constitutional amendment to overturn Citizens United, a guarantee of voting rights and a restoration of our democracy is announcing that we're in it for the long haul also, and we aim to win.”

“We are facing a dual attack on our democracy – everyday voters are being disenfranchised while corporations are being hyper-enfranchised,” stated NAACP President and CEO Benjamin Todd Jealous. “We need to fix the fundamentals of our political system if we want to get down to solving our long-term problems.”

“Our reports found clear evidence of what the vast majority of Americans already understand: political power in America is concentrated in the hands of an elite few,” said U.S. PIRG Democracy Advocate Blair Bowie. “It’s time for our leaders in Washington and across the country to take concrete action to build a democracy in which every citizen is truly a political equal. It’s time we make good on the promise of government of, by, and for the people.”

“Getting big money out and more voters in are two critical fronts in the ongoing fight for true political equality in America,” said Demos Counsel Adam Lioz. “We all deserve a meaningful voice in shaping the decisions that affect our lives, and we won't stand for being blocked by red tape at the polls or drowned out by millionaires and billionaires in the public square.”

“Big, secret money is corrupting our democracy. This was the most expensive election year in the world and one of the least transparent in decades, with nonprofit groups having more influence than ever before while keeping CEO and corporate donors secret,” said Lisa Graves, Executive Director of the Center for Media and Democracy and a former Deputy Assistant Attorney General for the Justice Department.

“Since the Citizens United decision three years ago, voters have been clear in their disdain for this decision,” said Common Cause President Bob Edgar. “The big question is whether our elected representatives will listen to those voices. Our goal is to build a wave of grassroots support so strong that they cannot ignore it.”

Groups supporting the Money Out/Voters In effort include 350.org, African American Ministers in Action, Campaign for America's Future, Center for Media & Democracy, Citizens For Responsibility and Ethics in Washington (CREW), Coffee Party, Common Cause, Communications Workers of America, Consumer Action, CREDO Action, Demos, Free Speech for People, Friends of the Earth, Global Exchange, Hip Hop Caucus, League of United Latin American Citizens, Move to Amend, MoveOn, NAACP, National People's Action, National Women's Health Network, Oil Change International, Organic Consumers Association, People For the American Way, Public Citizen, Rootstrikers, Stamp Stampede, Sierra Club, Story of Stuff, U.S. PIRG, United for a Fair Economy, United Republic/Represent.Us.

The following video featuring Congressman Keith Ellison and People For the American Way's Marge Baker was recorded on December 15th, 2012 and live-streamed to host parties across the country.

On and around the weekend of January 19, 2013 - the weekend of Martin Luther King Jr. Day and the third anniversary of the Citizens United decision - activists across the country will be mobilizing to demand that draconian voter suppression measures are overturned, that we get big money out of politics, and that real democracy flourishes in America.

What does Citizens United have to do with women’s health care? According to a decision last week from the Seventh Circuit Court of Appeals, perhaps more than you may think.

Just a week after the Tenth Circuit Court of Appeals rejected Hobby Lobby’s petition to prevent enforcement of the Affordable Care Act’s contraception coverage provision, the Seventh Circuit Court of Appeals made a ruling at odds with that decision. Last Friday the panel granted a motion for an injunction pending appeal to plaintiffs Cyril and Jane Korte who run Korte & Luitjohan Contractors, a construction company. The Kortes had argued that the contraception mandate of the ACA violated their right to religious freedom.

In other words, the Seventh Circuit Court of Appeals decided that – at least temporarily – the company does not have to comply with the Obama Administration’s rules that most employer-provided health care plans must cover birth control.

ThinkProgress’s Ian Millhiser points out that the Appeals Court cited Citizens United in their reasoning, a move that he finds “ominous.” Millhiser highlights a line from the decision – “That the Kortes operate their business in the corporate form is not dispositive of their claim. See generally Citizens United v. Fed. Election Comm’n, 130 S. Ct. 876 (2010)” – before arguing that:

As a matter of current law, this decision is wrong. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Lee established — with no justice in dissent — that religious liberty does not allow an employer to “impose the employer’s religious faith on the employees,” such as by forcing employees to give up their own rights because of the employer’s objections to birth control.

Nevertheless, the Seventh Circuit’s citation to Citizens United is an ominous sign. Lee was decided at a time when the Court understood that corporations should not be allowed to buy and sell elections. That time has passed, and the precedents protecting against corporate election-buying were overruled in Citizens United. It is not difficult to imagine the same five justices who tossed out longstanding precedent in Citizens United doing the same in a case involving whether employers can impose their religious beliefs on their employees.

Circuit Judge Ilana Diamond Rovner also raised issues with the decision. In her dissent, she addressed the corporation issue head-on. She noted that:

...it is the corporation rather than the Kortes individually which will pay for the insurance coverage. The corporate form may not be dispositive of the claims raised in this litigation, but neither is it meaningless: it does separate the Kortes, in some real measure, from the actions of their company.

Similarly, our affiliate People For the American Way Foundation’s Paul Gordon noted last month in reference to the Hobby Lobby decision that the question of where to draw the line in terms of government regulation of religious institutions and individuals is a tricky one. Still, he pointed out:

The requirement to provide certain health insurance for your employees – not for yourself, but for people you hire in a business you place in the public stream of commerce – seems a reasonable one.

Both Martin Luther King Jr. Day and the 3rd anniversary of Citizens United v. FEC will take place this year on the weekend of January 19, 2013, and activists are preparing to draw attention to the appropriate juxtaposition of two of the most pressing issues facing our country. Progressives understand that the dual threats of money in politics and voter suppression are interrelated and threaten the foundations of American democracy, and that taking on one of those issues means taking on both. That’s why people are rallying together under the banner of “Money Out, Voters In” on and around January 19th to raise awareness to these threats and jumpstart 2013 campaigns that will address them.

To launch these efforts, People For the American Way hosted a webcast with co-chair of the Progressive Caucus Representative Keith Ellison that was viewed by activists across the country who had assembled in organizing meetings to strategize for their January 19th action.

The results of a recent PFAW and unPAC produced art contest are in: a panel of experts (including such luminaries as Shepard Fairey, designer of the famous 2008 ‘Hope’ poster and Jesse Dylan, creator of the ‘Yes We Can’ music video) chose the piece ‘Monopolistic’ by 21-year old Tennessean Landon Wix as winner of a $3,000 prize.

Titled ‘Art > Money,’ the contest’s purpose was to find a piece of art to serve as an iconic image for the need to keep big money out of the American electoral process. Art can play an important role in such a campaign: as Shepard Fairey says, “It’s about using art to push back against the existing power structures in our society and inspiring real change.” In this instance, the American people agree: 80% oppose the infamous Citizens United decision and favor restrictions on the amount of money corporations can spend on elections.

PFAW alerted and encouraged our members to promote the winning image, and as a result of our and other’s efforts, Wix’s image was shared across the country and on the internet by thousands of activists as part of a larger effort to spread awareness about this important issue.

*NOTE: If you happen to be in the D.C. area, consider joining us Friday, Oct. 19 from 11:15a.m.-12:00p.m. for a rally in front of the U.S. Chamber that will call on the organization to disclose the sources of its funding and to stop opposing disclosure reform. The rally will include grassroots organizations as well as small business leaders and will be held at Lafayette Square, NW Corner, across from the intersection of H and 17th Sts. NW, Washington, D.C.*

The 2012 election cycle is poised to be the most expensive on record: if reasonable estimates of its cost are accurate, spending as a percent of real GDP will be 5.4% higher than in 2008.

The reason for this is not difficult to ascertain: because of the infamous Citizens United decision in 2010, election spending by outside groups has quadrupledsince 2006. The U.S. Chamber of Commerce—the largest lobbyist organization in the United States and the flag bearer for corporate interests—had a lot at stake over the decision and submitted an amicus curiae brief during the proceedings.

A common misperception is that the primary effect of Citizens United has been to allow wealthy individuals to commandeer elections via unlimited independent expenditures. While this is true to some extent, corporations—represented by trade and lobbying organizations like the Chamber—also have a pivotal role to play in such efforts. In fact, the Chamberspentmore than any Super PAC during the 2010 election cycle, indicating that corporations have benefited just as much as individuals.

The Chamber has been the premier vehicle for funneling cash to key pro-corporate initiatives for decades. It is a national organization with 300,000 businesses as members and a further 3,000,000 businesses and individuals as associates via state and local Chambers. Though the national and state/local Chambers are affiliates, often coordinate their efforts, and ostensibly have the same goals, increasingly there is divergence between them. For example, the 2010 congressional midterms saw 40 state/local Chambers dissociate themselves from the national Chamber over the content of advertising during the election cycle.

Receiving donations from a variety of businesses and individuals (the organization doesn’t have to disclose donors due to its 501(c)6 non-profit status), the Chamber claims to segregate funds for several distinct purposes: thus far, it has donated $1.59 million to campaigns, parties, and associated PACs, spent a whopping $55 million on lobbying, and spent a further $22 million on ‘outside spending’ in 2012.

Though ‘outside spending’ constitutes an undue extension of corporate influence over elections, the Chamber still dedicates the bulk of its funds to lobbying. In each instance, its pernicious influence affects the debate by skewing discussion toward corporate-sponsored proposals. For example, the Chamber has worked hard to water down regulations on derivatives—especially the Volcker Rule, which bans proprietary trading (derivatives were at the heart of the Great Recession of 2007-09) and in 2010 the chamber suedthe Environmental Protection Agency in order to challenge carbon emission regulations.

As an integral member of the American Legislative Exchange Council (ALEC)—a consistent supporter of regressive Republican candidates and an organization with hundreds of millions of dollars at its disposal—the Chamber’s activity evinces the fact that corporations are very active this election cycle and that the claims that the Citizens ruling hasenhancedfree speech are absurd.

The "Stop the Greed" bus tour rolled into Denver, Colorado today and helped boost support for an important state ballot question on corporate political donations. PFAW’s Colorado Coordinator Ellen Dumm joined Elena Nunez of Colorado Common Cause (pictured above) and Luis Toro of Ethics Watch in support of the bus tour and a ballot initiative to overturn Citizens United.

On Election Day, Colorado voters will have a chance to say “no” to the Supreme Court’s Citizens United decision, which allows unlimited corporate campaign donations, by voting for Amendment 65. The ballot measure calls for the Colorado congressional delegation to support a constitutional amendment to overturn Citizens United.

The Stop the Greed Bus Tour is traveling to states to get the word out about how the billionaire oilmen Koch brothers are pouring millions of dollars into the 2012 elections in an effort to bolster their extreme right-wing agenda.

The Koch brothers have also bankrolled the controversial conservative group True the Vote, which has been accused of challenging eligible voters at the polls and disrupting elections.

The Citizens United decision brought about the rise of super PACs, and empowered 501(c)(4) public advocacy groups and 501(c)(6) trade associations to participate in (at times secretly-funded) electoral advocacy. The resulting influx of money into the election cycle has considerably altered the political landscape – and D.C. lobbyists have taken note.

As reported by Dave Levinthal at POLITICO, interest groups are utilizing super PACs to ‘twist arms.’

So for some issue interest groups, super PACs are a potentially major complement to — if not upgrade over — traditional, Capitol Hill lobbying in their ability to bring heat on lawmakers and twist their arms toward their agendas.

“If you’re a lobbyist, you’re talking with a legislator and mention you’re forming a super PAC, their ears are really going to perk up just because you said the words ‘super PAC,’” said Shana Glickfield, a partner at public affairs firm Beekeeper Group. “It’s such a big, scary thing — and can give you an extra edge of influence.”

One of the first powerful lobbying firms to create a super PAC for additional influence was the National Association of Realtors, which has since rewarded lawmakers friendly to their agenda with hundreds of thousands of dollars in advertisements and air cover. A host of other lobbying groups have done so as well.

As People For noted in our written testimony for the Senate Constitution Subcommittee hearing this past July on the need for constitutional remedies to overturn Citizens United, the power of super PACs is twofold. Not only can special interest groups now spend freely on elections to promote their policy agenda, they can threaten to spend freely, effectively achieving the same result.

Of course, to accomplish its goals, a corporation need not actually spend such sums in every race they are interested in. Far from it. Especially for offices or in areas where electoral races are generally not overwhelmingly expensive – in other words, for most state and local legislative and judicial elections throughout the United States – the implied threat to spend large expenditures against elected officials could easily be enough to “persuade” them to take the “right” position. Conversely, the promise of an enormous windfall in supportive corporate independent expenditures could have an equally persuasive effect.

Such corruption leaves no evidence: no paper trail, no recordings, no ads. But it poisons our nation’s democracy.

Do D.C. lobbyists really need more tools in their arsenal to effectively ‘twist arms’? Are Sacramento lobbyists, Albany lobbyists, Tallahassee lobbyists or any other state-based lobbyists in desperate need of influence?